Real Estate & Construction Disputes

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What Is Real Estate Litigation?

Generally, real estate law governs the legal rights and interests in land and buildings. Real estate law addresses issues like: (1) buying and selling property; (2) leases (residential and commercial); (3) construction projects; (4) title and boundary issues; (5) zoning and land use; and (6) financing and foreclosures. In this manner, real estate law regulates how property is transferred, used, developed, financed, and protected. Because the law treats real estate uniquely in many circumstances, real estate law is a complex area of law.

Real estate disputes are common. Real estate litigation occurs when settlement negotiations are unsuccessful and real estate disputes proceed to Court. Typical real estate litigation cases may include:

Breach of purchase contracts
Construction disputes
Landlord–tenant disputes
Failure to disclose property defects
Boundary line disputes
Title defects or ownership claims
Partition actions between co-owners
Foreclosure disputes

At The Law Offices of Peter D. Isakoff, Attorney Isakoff has the knowledge and experience necessary to litigate complex real estate cases in Court. Real estate litigation has been a founding and long-standing core focus of Attorney Isakoff’s law practice. Since founding The Law Offices of Peter D. Isakoff, Attorney Isakoff has been especially proud to develop a proven track record of litigating and winning wage theft cases for unpaid Latino construction workers.

What Is Construction Litigation?

What is Construction Litigation?

Construction law generally governs legal issues and disputes arising from construction projects. It overlaps with contract law, employment law, real estate law, and insurance law. In many ways, construction litigation is a subset of real estate litigation, with many unique, technical rules.

Unpaid wage (wage theft) cases are some of the most frequently-litigated construction disputes. Typical construction litigation cases can include:

Construction contract disputes
Worker payment disputes
Mechanic’s Liens and performance bond claims
Project delays/disruptions
Change Order Disputes
Construction defects
Licensing issues
Warranty Claims
Insurance Coverage Disputes
OSHA and workplace safety

The construction site involves inherent power imbalances, and thus disputes are frequent. Owners and financiers control the project funding, and General Contractors and higher-tier subcontractors control the payment flow. Workers and lower-tier subcontractors often lack bargaining power. Within this framework, some construction businesses engage in bad business practices like withholding final pay, failing to pay overtime, misclassifying employees as independent contractors, and hiding behind “cash pay” arrangements with no documentation.

In North Carolina, the Mechanic’s Lien is a powerful payment enforcement tool for unpaid construction workers. A Mechanic’s Lien is a legal claim against real property securing payment for labor or materials provided to improve the property. Generally, Mechanic’s Liens creates leverage for unpaid workers by giving workers a legal interest in the property.

Studies and enforcement actions have unfortunately shown that Latino construction workers face systemic discrimination and abusive business practices. Latino construction workers disproportionately face more wage theft cases, work in more dangerous construction roles, and face undue and illegal retaliation for reporting workplace violations. Language barriers, immigration concerns, and informal employment practices can increase Latino construction worker vulnerability. However, federal and state labor laws protect workers regardless of immigration status, especially in many wage-related contexts.

Why you need a skilled Real Estate & Construction Litigation lawyer

Real estate litigation, especially construction litigation, is complex. The statutes and rules are highly technical and deadline-driven. Statutory compliance is key. There are often complex contracts, multiple parties, and insurance and bonding layers involved. With high-stakes litigation like this, having a skilled and experienced lawyer on your side is key.

Importantly, a skilled lawyer helps you avoid mistakes that can “kill” your claims. Even small mistakes can permanently waive your rights. Deadlines are unforgiving, and filing errors can invalidate liens. Contract language is highly technical, and opposing parties are often well-funded and represented by defense lawyers on retainer. Litigation can involve experts, like engineers, accountants, and appraisers. There is a lot to manage in the typical construction litigation case.

Specifically, a skilled and experienced real estate and construction lawyer can help you:

Analyze contracts
Preserve lien rights
File proper claims
Negotiate settlements
Coordinate expert witnesses
Litigate effectively in court
Protect you from counterclaims

In real estate and construction litigation, monetary damages (money) are a common measure of damages. Additionally, equitable remedies might include specific performance (forcing property sale and/or compliance), injunctions, property partition, and foreclosure on any Mechanic’s Lien. There are also various enforceable statutory penalties. For instance, North Carolina’s Unfair or Deceptive Trade Practices Act, N.C. Gen. Stat. § 75-1.1, et seq., allows for the recovery of treble damages and attorneys’ fees in certain cases.

At The Law Offices of Peter D. Isakoff real estate and construction litigation are our core founding practice areas. Attorney Isakoff has years of successful experience in real estate and construction litigation. The Law Offices of Peter D. Isakoff regularly helps unpaid construction workers assert their lien rights and unpaid wage claims, getting our clients paid for an honest day’s work. For help with your real estate or construction dispute, please contact The Law Offices of Peter Isakoff anytime, day or night, at (336) 863-8348 (Main) or (336) 864-9115 (Español).

DISCLAIMER: The information in this article is provided for informational purposes only. It is not offered as and does not constitute legal advice. The accuracy of the information may change pending changes in applicable law. If you have questions about a specific matter, you should contact a lawyer. The use of this article or any information provided in it does not establish any lawyer/client relationship.